UK Landlord Forum / Life

Hi all,

I am currently in the process of requesting a possion order after serving a section 21 2 months ago. The tenant is now refusing to leave.

However, during the process of completing the N5B form for possesion, the subject of prohibited payments has came up.

The tenancy did not allow pets. My tenant's daughter left her dog with my tenant while she was between accomodation. We we not advised of this but found out some months late, which was a breach. However, we agreed a monthly payment of £25/month for the duration of the dog's stay, which was 12 months in total.

This was not an amendment to the contract as it was considered temporary. There was a side letter agreed by all. The payment was made monthly direct to the tent account. I now realise this constitutes a prohibited payment.

I have 3 questions:-
1, Can I pay the amount back to settle the matter? If so, what would be the best method if I do not have tenant bank details?
2, Can the tenant refuse to accept the reimbursement knowing it will affect the possession order?
3, Will I need to restart the process of Section 21 etc...

Any help and advice would be much appreciated.

Thank you
Vito

1 - For the s21 notice, yes. It won't "settle the matter" entirely, because the fed remains an unlawful event. The safest method is to agree to offset the fee against rent or something else owed by the tenant. Failing that a cheque.
There has to be some way to show that the amount has been paid, that the tenant knew what it was for and, somehow, accepted the money. That can be quite tricky if the tenant would prefer not to have the fee returned.

2 - Yes.

3 - Yes.

If the agreement was to increase the rent for a period, it may not be a prohibited payment.

You may want to change your forum user name.

Thank you so much for taking the time to reply. I think this confirms my thoughts on the matter.